1. Brief fact of the case of the complainant is that on 15.01.2018 he purchased one water purified bottle from O.P. No.1 for Rs. 10/-which was packaged on December, 2017 and on consumption, he felt salty taste and smelling badly in it, for which he replaced the same and purchased another one for Rs. 10/- but the said bottle was also having same taste, as such he purchased another water bottle and paid Rs. 10/- again and found a mosquito floating inside the said bottle which is clearly visible in the naked eye.  It is alleged that while on strong oppose to the O.P.No.1, he replied with rude voice and scolded the complainant and advised to contact with the O.P. No. 2 who is the manufacture and marketer of the alleged bottle, thus alleging deficiency in service and unfair trade practice of O.Ps, he filed this case with a prayer to direct O.Ps to refund the paid amount of Rs.30/- and to pay Rs. 50,000/-and Rs. 10,000/- towards compensation and costs to him.
    
2. O.P. No.1 appeared and filed his counter admitting the sale of 3 nos of water bottle to the complainant and also admitted the mosquito floating inside the bottle and also the complaint made by the complainant to him, but have denied the other allegations contending that he has taken only Rs. 10/- for one bottle and while on complaint for bad smell, he replaced the same for two times and never he misbehaved the complainant.  Thus, with other contentions, denying his liabilities, he prayed to dismiss the case against him.
    
3. On the other hand, the O.P.No.2 appeared through their Ld. Counsel and filed their counter denying the allegations of the complainant have contended that they are taking all sort of care and caution during purification, packaging and supply of drinking water and provide best quality of drinking water in the market.It is also contended that they are ignorant about the sale of alleged water bottle to complainant and after receipt the notice, they enquired with the O.P. No.1 who expressed his ignorance about the matter.It is also contended that it is the complainant who managed to put an insect by tempering the seal of the water bottle and they are ready to demonstrate about such facts and with other contentions, they have prayed to dismiss the case against them.
    
4. Complainant filed affidavit in support of his allegations, whereas the O.Ps did not choose to file any documents in support of their contentions inspite of repeated opportunities given to them.  Heard from the parties present and perused the records and documents available therein.
    
5. The case of complainant is that on 15.01.2018 he purchased one water purified bottle from O.P. No.1 for Rs. 10/-which was packaged on December, 2017 and on consumption, he felt salty taste and smelling badly in it, for which he replaced the same and purchased another one for Rs. 10/- but the said bottle was also having same taste, as such he purchased another water bottle and paid Rs. 10/- again and found a mosquito floating inside the said bottle which is clearly visible in the naked eye.  It is alleged that while on strong oppose to the O.P.No.1, he replied with rude voice and scolded the complainant and advised to contact with the O.P. No. 2.
    
6. Complainant has filed affidavit in support of his allegations and also produced the alleged water bottle for our perusal.  We examined the water bottle which is sealed one and in order also and one mosquito is floating inside the said bottle which is clearly visible to the naked eyes.  The O.P.No.1 though filed his counter have only stated that the alleged water bottle was manufactured and marketed by the O.P. No.2 as such he is ignorant about the mosquito inside the bottle.  The O.P. No.2 appeared and contended that they are intended to demonstrate about the mosquito floating inside the said bottle.  Considering the submissions of A/R for O.P.No.2, several adjournments were provided to the O.P. No.2 but the O.P. No.2 neither came forward to demonstrate nor filed any cogent evidence to that effect, hence we lost every opportunities to hear from him.
    
7. As the mosquito is clearly visible inside the water bottle in the necked eye, which is full of water in a sealed and packed bottle, we have no hesitation to hold that the water inside the bottle is spurious and hazardous to health.  In this case, the complainant has consumed two numbers of water bottles and felt salty taste and bad smell from it, so also the O.Ps are totally silent over the said fact, hence the allegations of complainant is herewith accepted.  Further, had the complainant not seen the mosquito inside the alleged water bottle he would have consumed the same and such consumption would have lead to health hazards of the complainant.  Further, mosquito inside the water bottle shows gross irregularities on the part of the O.P. No. 2 while preparing the same which leads to deficiency in service.  Many such cases have also been filed before different courts.  Inspite of those instances, the O.P. No. 2 is not alerted enough to prepare the water bottles in a hygienic manner.  Further, the complainant has also approached the O.P.No.1 who did not help the complainant in any manner.In this circumstances, we feel, the complainant must have sustained some mental agony and has also come up with this case incurring some expenditure for which he is to be suitably compensated and in our view, a sum of Rs. 20,000/- towards compensation which includes all and Rs. 1,000/- towards costs of litigation in favour of the complainant will meet the end of justice.

ORDER

        The complaint petition is allowed in part and the O.P. No.2 being the manufacturer of the alleged water bottle, is directed to pay Rs. 20,000/- towards compensation and Rs. 1,000/- towards costs of litigation to the complainant within 30 days from the date of communication of this order, failing which, the compensation amount shall carry interest @ 12% p.a. from the date of this order.

        Pronounced in the open Forum on this the 26^th day of April, 2019.

        Issue free copy to the parties concerned